From: John Murtari (jmurtari@AKidsRight.Org)
Date: Tue Mar 04 2008 - 17:37:34 EST
Good People and People of Faith, This is a personal message about some recent events and some thoughts I would like to share. It's being written from my jail cell on Sunday night, to go out in the mail Monday, and hopefully typed and turned into a list message Wednesday! Click here <http://www.kids-right.org/clinton/index.htm> for a detailed history. *TRIAL MOVED FROM MARCH 31ST TO MARCH 18TH* On Saturday I received legal mail from the Federal District Court Clerk. It was a brief notice that my new trial date would be March 18th at 0930. It was quite a surprise! As many of you know a few weeks ago I wrote a letter <http://www.kids-right.org/clinton/peebles4.pdf> to Federal Magistrate Peebles. I wanted to have my trial date moved up to the 19th so that Domenic and I could have Spring Break / Easter together. It was quickly denied. It appears the trial date change was initiated by a schedule conflict for my attorney / adviser assigned by the court. I'd like to express my sincere thanks to those of you who wrote the Judge and US Attorney, for your prayers, and for God's help. Last week we sent a message regarding trial event planning. We have updated the plan <http://www.kids-right.org/clinton/trial_events.htm> for the new trial date. It would certainly be great to see some of you there in person! Teri Stoddard is in the process of moving expects an interruption in her Internet service. Kevin Purdy has agreed to fill in for her until she gets settled in. You can email Kevin at kevinmadi@msn.com. *REQUEST FOR FEDERAL CASE LAW* I don't have a lot of time to get ready and I'm not going to complain to the judge since I wanted the accelerated trial date. The jail "law library" is limited. During my last trial I was found not guilty on two of the four charges when a member of the group sent me a Federal case abstract from the 9th Circuit Court of Appeals that said, "no reasonable person could presume that writing with chalk would damage a sidewalk." You can see what I'm being charged with here, criminal contempt for disobeying his order <http://www.kids-right.org/clinton/peeblesa_order.pdf> to not write with chalk on the Federal Plaza. For further background, please read the letter and motion I submitted, which is still pending, requesting dismissal. It has details on the points below. * The matter is being tried as a "petty offense." What is the maximum penalty? * How bad does a jail law library have to be in supporting case searches to justify a dismissal? * In a finding of "criminal contempt," is there any defense if the behavior is motivated by strong moral conviction? * Validity of a judicial order that "creates" a new crime. e.g. Federal / GSA regulations only prohibit "damaging" government property -- can it be extended to include chalk? * Do the quiet actions of one person in a "traditional public forum" located on GSA property require a permit? The Syracuse Federal Plaza has been the site of many protests in the past and is also used for music festivals. Time is limited. The trial scheduling order calls for legal submissions by March 13. You can reply with an email message and link to the case details. If possible, I would really appreciate just having the case details printed and mailed to me. (Please include your return address in your letter. The jail sometimes tears off return address labels.) John Murtari P.O. Box 143 Jamesville, NY 13078 ======================================= http://www.AKidsRight.Org/ A Kid's Right to Both Parents! ------ Newsletter mailing list Newsletter@kids-right.org subscribe/unsubscribe info below: http://kids-right.org/mailman/listinfo/newsletter
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